Summary of the Notice of Violation
|Name of individual, corporation or entity
|Date of violation
|43rd federal general election
|Section of the Act
|AMP total amount
|Commissioner of Canada Elections
Key facts of violation
As the independent candidate in the electoral district of Victoria during the 43rd federal general election (held on October 21, 2019), David Shebib was required, pursuant to section 477.42 of the Canada Elections Act (the Act), to appoint a replacement official agent without delay, upon being notified that his official agent was ineligible.
On February 11 and 12, 2020, Elections Canada informed David Shebib that his official agent was ineligible to act in that role since he was also a candidate in the same general election, and requested that he appoint a new official agent. Elections Canada’s records confirm that, as of March 21, 2023, a replacement official agent had not been appointed.
There are therefore reasonable grounds to believe that David Shebib failed to appoint a replacement official agent, as required by section 477.42 of the Act.
An aggravating factor was added to the AMP’s baseline amount. Before the file was referred to the Office of the Commissioner of Canada Elections (OCCE), David Shebib was informed by Elections Canada’s Political Financing and Audit Directorate (PFAD) of the need to replace his official agent without delay, due to the official agent’s ineligibility.
The OCCE investigator communicated with David Shebib by telephone on January 20, 2021, and by email on January 21, 2021, to inform him of the requirement to appoint a replacement official agent without delay. The investigator also sent a reminder by email on March 10, 2021.
More than a year and a half later, and two and a half years after PFAD’s last reminder, David Shebib had still not appointed a replacement official agent, demonstrating a high degree of intention or negligence, which is an aggravating factor under paragraph 508.6(1)(a) of the Act.